Compliance Guidelines

The Delta Regional Authority will administer compliance of the J-1 Visa Waiver Program in three steps:

The administrator of the facility and the physician will sign and mail the “Physician Employment Verification Form”, which is provided in the application package, to the Delta Regional Authority within the first week that the physician begins work. Include copies of documentation that physician is in H-1B status including approval notices from USCIS, the physician's I-94 forms and a copy of the H-1B visa stamp from the physician's passport if the physician has already been granted an H-1B visa. If the physician was not licensed in the state of practice at the time the application for the waiver was submitted, a copy of the physician’s state medical license must be included with this form. The Delta Regional Authority will then mail a copy of this form (and a copy of state medical licenses and documents needed to verify status if necessary) to the appropriate state agency.

The DRA will mail two separate site survey forms every six months during physician’s employment contract. The surveys will be completed and returned separately to the DRA by both the J-1 physician and the administrator of the facility. The surveys are not identical and will ask confidential questions to both the J-1 physician and the administrator. This survey also requests the number of Medicare, Medicaid, and indigent patients that the facility and the physician has treated in that six-month period, and whether both parties have otherwise complied with the terms of the DRA J-1 Visa Waiver ProgramThe DRA has established formal deadlines for these surveys. Both surveys should be returned to the DRA within 15 business days from the issued date on the survey form. If both surveys are not returned within the initial 15 business days, the DRA will notify the employer that the survey(s) should be returned within an extension period of 15 business days. If the surveys are not returned within the extension period and if the employer has made no effort or attempt to comply with DRA Compliance Guidelines, DRA will notify the appropriate agencies that compliance efforts were unsuccessful and recommend the taking of appropriate enforcement actions.

The DRA or an agent representing the DRA will conduct unannounced site visits at random during the three-year employment period. If the physician or employer is found to be out of compliance, the DRA will immediately notify the appropriate agencies and recommend the taking of appropriate enforcement actions.

National Interest Waiver Support Letters

DRA will accept applications for National Interest Waiver (NIW) support letters from physicians who were granted J-1 waivers through the DRA J-1 waiver program or those physicians submitting an application to the DRA J-1 program. DRA will make a decision on issuing a support letter upon receipt and review of the following:

Documents required for NIW support letter requested in conjunction with a J-1 waiver:

An executed employment contract between the physician and his/her employer, which commits the physician to five years of service in a DRA underserved county or parish.

A statement from the physician’s employer committing support for the physician’s NIW, which should be in the Employer Cover Letter.

A short testimonial from the physician expressing his/her reason for pursuing an NIW, which should be expressed in the physician statement.

A letter of opinion from a legal counsel stating “to the best of their knowledge, the information in the application is truthful, and that he/she believes the applicant is eligible for a NIW”; this should be stated in the original letter of opinion.

Documents required for NIW support letter requested after waiver has been granted:

An executed employment contract between the physician and his/her employer which commits the physician to two or more additional years of service in a DRA underserved county or parish. Self-employed physicians must present an affidavit committing him/her to two or more additional years of service.

A statement from the physician’s employer committing support for the physician’s NIW.

A short testimonial from the physician expressing his/her reason for pursuing an NIW.

A letter of opinion from a legal counsel stating “to the best of their knowledge the information in the application is truthful, and that he/she believes the applicant is eligible for a NIW.”